Комментарий о цитате к Дварим 13:12

A STUBBORN AND REBELLIOUS SON. In the opinion of our Rabbis⁸⁸Sanhedrin 68b. he is not a minor, for a minor is not subject to any punishments ordained by the Torah or to [the observance of] any commandments. Rather, this verse applies to a boy who has grown two hairs [signifying puberty, and, therefore making the child subject to all the laws prescribed by the Torah]. Now, he is liable to two punishments: the first, because he dishonors his father and his mother⁸⁹Further, 27:16. and rebels against them, and the second, because he is a glutton, and a drunkard,⁹⁰Verse 20. transgressing that which we have been commanded, Ye shall be holy,⁹¹Leviticus 19:2. and it is further stated, and Him shall ye serve, and unto Him shall ye cleave⁹²Above, 13:5. — as I have explained,⁹³Ibid., 6:12. we are commanded to know G-d in all our ways, and a glutton, and a drunkard⁹⁰Verse 20. does not know the way of G-d. In general, then, as of now he [this stubborn and rebellious son] has not committed a sin punishable by death, but is judged because of [what he is destined to become in] the end, just as our Rabbis have mentioned.⁹⁴Sanhedrin 72a. This is the sense of the expression, and all Israel shall hear, and fear,⁹⁵Verse 21. for he was not executed due to the greatness of his sin, but in order to discipline the public, and so that he not become a menace to others. It is the manner of Scripture so to warn that when the death-penalty is imposed as a deterrent, the execution should serve as a benefit to others. Thus it mentioned the same in the case of the rebellious elder [who defies the decision of the Great Sanhedrin — And all the people shall hear, and fear]⁹⁶Above, 17:13. because, in his decision [contradicting that of the court] there is no sin deserving of death, but [the death sentence being imposed only to] deter dissension from the Torah, as I have explained there.⁹⁷Ibid., Verse 11. Similar is the case of plotting witnesses⁹⁸Ibid., 19:20: And those that remain shall hear, and fear. who are executed [for scheming to condemn someone to death] although they have not caused his execution.⁹⁹See Ramban ibid., Verse 19. Scripture also mentions it in the case of the beguiler¹⁰⁰Ibid., 13:12: And all Israel shall hear, and fear. because he is executed merely for his evil speech even though the beguiled has not worshipped the idols, nor hearkened to him; his [the beguiler’s] death is rather to chasten the survivors. This, too, is a newly-declared commandment — or it may be explanatory of the commandments, Honor thy father and thy mother,¹⁰¹Exodus 20:12. and Ye shall fear every man his mother and his father.¹⁰²Leviticus 19:3.

From here we derive that there must be a proclamation, etc. Rashi is answering the question: Why the verse here differs and writes “the remainder,” and does not write “and all of Israel” as it does in parshas Re’ey (above 13:12) regarding an inciter? He explains that this is because there must be a proclamation by the court, “So and so were executed, etc.” But people who are disqualified to give testimony such as robbers, thieves, usurers and other people who are disqualified from giving testimony that are listed in the Mishnah, are disqualified from giving testimony [this warning is not necessary]. Therefore Scripture does not write “all of Israel” because someone who is disqualified from giving testimony has no need to fearful [since he is disqualified in any case]. Therefore Scripture writes “the remainder, etc.,” i.e., the remainder who are qualified to give testimony. This also answers why Rashi does not explain here “that we wait with him until the festival” as [he writes] at the beginning of the parsha (above 17:13).

אשר ידבר הנביא WHEN THE PROPHET SPEAKETH [IN THE NAME OF THE LORD] and says, “This thing will once happen to you”, and you will see that it did not happen, הוא הדבר אשר לא דברו ה׳ THAT IS THE THING WHICH THE LORD HATH NOT SPOKEN — and, therefore, slay him. If, however, you say, “But this refers to one who will prophesy about the future. But suppose one comes and says, ‘Do so and so, and I say this by the command of the Holy One blessed be He’? How, then, can we know whether God has spoken this or not?” The reply is: As regards such a case they have already been commanded that if one comes to thrust thee away from one of the divine commandments, לא תשמע לו “then thou shalt not hearken unto him” (Deuteronomy 13:12), unless you are certain that he is a perfectly righteous man, as, for instance. Elijah at the incident on Mount Carmel, who offered sacrifices on a Bamah (an improvised altar) at a time when offering on Bamoth was forbidden, but who did so in order to fence Israel in against idolatry. Thus all depends on the needs of the time and the necessity of taking preventive measures (סיג) against a breach. With reference to such a case it states, (v. 15) “unto him ye shall hearken” (Sanhedrin 89b; Yevamot 90b).